New Year New Judicial Review? CPS Hate Crime Guidance for schools

Im sure its always worth writing to MPs

I presume in this instance you could ask that your MP direct an enquiry to Ministers for Education, Safeguarding, Equalities, Attorney General etc

Just before the election I wrote to my MP about the EHRC draft guidance and he forwarded onto the Equalities Minister who responded that they had no say in the guidance and to write to the EHRC. I’m happy to write to the CPS but would it also be worthwhile writing again to my MP about this but slant it that unelected bodies are rewriting law set by Parliament through the back door in issuing guidance that goes beyond what was intended e.g College of Policing guidance and now this.

Mind boggling that lawyers came up with this.

Safe Schools Alliance:
(extract)
"SSA UK and Fair Cop are concerned about some of the content of this guidance:

It creates a hierarchy of rights.
It blurs the distinction between hate crime, which is defined in law, and ‘hate incidents’, which are not.
It seeks to create a fear among children of being criminalised for asserting sex-based rights or discussing biological reality.
It suggests that any child who states a preference for single-sex spaces is committing a hate incident, and possibly a hate crime.
It suggests that wearing slogans or sharing information with others that recognises biological facts may be treated as a hate crime or incident.
It promotes the ideology of political lobby groups Stonewall and Gendered Intelligence, which have no known qualifications to advise on child safeguarding.
We are asking parents, teachers, governors, and anyone else who is concerned about this guidance to write to the CPS to complain" (continues with link to letter template)
safeschoolsallianceuk.net/2020/01/28/write-to-the-crown-prosecution-service/

Its very concerning.

Spero re Proud Trust, this is a South Manchester based young people's organisation.

threads:
www.mumsnet.com/Talk/womens_rights/3542561-The-Proud-Trust-training-at-Deputy-Headtearcher-conference

www.mumsnet.com/Talk/womens_rights/3242206-money-from-the-tampon-tax-designed-to-support-women-used-to-fund-trans-youth-conference

www.mumsnet.com/Talk/womens_rights/3381386-Help-me-talk-to-my-childrens-primary-school

See resources including video and leaflet for young people in care and toolkit 'Trans Youth in Care - a Toolkit for Caring Professionals'
www.lgbtyouthincare.com/trans-youth-in-care-resources/

www.lgbtyouthincare.comwww.lgbtyouthincare.comwww.lgbtyouthincare.com

These resources seem to have mostly been generated in Manchester supported by Tara Hewitt (TELI UCSM), Three cIrcles Fostering (Wilmslow), The Proud Trust (patrons incl prominant TRAs Stephen Whittle & Christine Burns)
www.theproudtrust.org/about-us/our-patrons/

With additional acknowledged support from Mermaids & GIRES.

The Toolkit (publ 2017) seems heavily based on Allsorts Toolkit but has additional content due to the focus being children in care.
aspects of Allsorts Toolkit have been questioned and there are then I believe additional questions to ask of some of the content of this publication

Chronology (from resource)
"In 2014 Jacob Sibley (director, Three Circles Fostering) and Andrew (the LGBT foundation) completed a consultation on the experiences of LGBT people in care. Their findings helped produce a resource
entitled 'Supporting Lesbian, Gay, Bisexual and Trans Young People - Information for Foster Carers’. During May 2016 Three Circles Fostering met with some individuals who highlighted the need for more training and awareness specifically for care professionals in how to support and care for trans young people in care.
From this, Charlotte Andrew (NT&AS), Sage Aalto (Three Circles Fostering), Tara Hewitt (NHS Equalities lead) and Jacob Sibley
(Three Circles Fostering) completed a consultation with The Proud Trust Afternoon Tea group in September 2016 and with care leavers and individuals at the Sparkle event in Manchester July 2016.
A resource titled ‘trans youth in Foster Care- know your rights’ was produced which is hoped to be shared with all young people in care nationwide, this can be viewed at www.lgbtyouthincare.com.
F i n a l l y, a t o o l k i t t o i n f o r m c a r e professionals working with Trans young people, to ensure positive outcomes has been produced."
(links to additional resources directed at young people etc in thread)

www.mumsnet.com/Talk/womens_rights/3324578-Vunerabilities-of-Looked-After-Children-Social-Work-CP-restricted-by-affirmation-requirement-Trans-Youth-in-Care-Toolkit

www.mumsnet.com/Talk/womens_rights/3385533-Prominant-campaigning-role-of-Tara-Hewitt-NHS-TELI-Social-work-universities-etc

Also linked with Jess Bradley & allegations of 'a number of safeguarding concerns' (TELI NUS Action for Trans Health)
www.mumsnet.com/Talk/womens_rights/3520762-Jess-Bradley-government-advisor-and-suspended-NUS-Trans-Officer-Part-iv

Are single sex private schools admitting trans children of the opposite sex yet?

Well now we know trans trumps disability

Can’t read all of that article but I wish they a) state that the equality act allows for single sex provision and this guidance does not follow the law, and b) they didn’t focus on toilets but also warn that girls will get a criminal record if they do not wish to get changed in front of male children or do not wish to have them as part of their friendship group.

Looks like it's hit the telegraph:

www.telegraph.co.uk/news/2020/01/29/schools-warned-could-face-legal-action-fail-allow-trans-pupils/

The article from Wales Online which seems to be the source is titled:
'Teen prosecuted after asking whether transgender PCSO was 'a boy or a girl'

PCSO Connor Freel was left 'vulnerable, distressed, and embarrassed' after Declan Armstrong, 19, twice shouted the question at him as he was on foot patrol"
www.walesonline.co.uk/news/wales-news/teen-prosecuted-after-asking-whether-17651755

"Teenage yob" = disabled person whose condition, by definition, makes them less able to follow insane social rules. I hope he appeals on grounds of disability discrimination.

@Spero

Thanks for posting

This document is all about othering everyone else.

I hope the guidance is widely circulated to, religious, disability, anti-racist etc charities/groups.
I’m sure they will have something to say.

Apparently bullying/hate incidents/hate crimes for these groups is not as consequential. According to this document p33- these groups do not, among others, suffer serious harm, cruel innuendos or are attacked as a member of a community or group. Attacks on these groups aren’t about their identity or self worth and therefore, they are less likely to be hurt as deeply.

All bullying or all children is deplorable.

Today's Daily Mail:

"A teenage yob was today ordered to pay £200 compesnation to a transgender police officer - for shouting 'Is it a boy or is it a girl?' at him.

PCSO Connor Freel, 25, was 'upset and embarrassed' after the teenager shouted abuse while he was in uniform on street patrol duty.

Declan Armstrong, 19, was put under a nightime curfew and ordered to pay £590 - including the £200 compensation to the officer.

Miss Jackson said: 'When Connor heard Declan say what he said it left him feeling upset and embarrassed.'

In a statement Mr Freel outlined the work he had done to raise awareness of transphobic hate crime. (continues)

Gary Harvey, defending, said: 'He doesn't hold any prejudice against anyone in society.'

Mold magistrates heard Armstrong had been diagnosed with Asperger syndrome and suffered from anxiety and depression.

District judge Roger Lowe said the aggravating features of the case were that Mr Freel was performing a public service as a PCSO and the incident was in a busy town centre where other people could hear what was said.

He said the sentence had been uplifted from a low level to a medium-level community order because of its transphobic nature." (continues)
www.dailymail.co.uk/news/article-7943147/Teenage-yob-ordered-pay-compensation-transgender-police-officer-abuse.html

Mockers ‘Hate crimes’ do not have the same protected characteristics as the Equality Act. They are: disability, transgender-identity, race, religion or belief, or sexual orientation. Notice the absence of sex.

Goodness - I have had a quick look through the nasuwt link and take my hat off to anyone working under this sort of guidance. I thought it was supposed to make it easier to get on with teaching and running a school not tie everyone in knots.

Given a High Court Judge was struggling to make sense of the transphobic Hate Incident police guidance at the Harry Miller/Fair Cop Judicial Review December 2019, it might be asking a bit much of Key Stage 3 & 4 pupils to make assessments after one lesson.

CPS-LGBT-Hate Crime schools pack
page 8
3 "Find out the contact details for local LGBT+ groups, especially any that have specific services for under 18s as these will be the most suitable. The Switchboard LGBT+ Helpline on 0300 330 0630 will be able to assist. In terms of youth groups, teachers should be careful not to use contact details on the posters which are not public – i.e. they should check with the group leader first. Youth groups may not want to publicise where and when they meet to protect those who attend. Print out the poster on page 181 of this pack, write in the contact details of local groups, and display the poster in the classroom and around the school. It may well be useful to call and talk to them first to tell them what you are doing and find out what kind of help they may be able to offer to the students and to the school"

Teachers signposting to external youth groups have a primary Safeguarding responsibiity to the children at the school rather than protecting the anonymity of adults running the youth group. Its important to do due dilligence on any groups recommended. Schools should be very aware of the intention to close the legal loophole with regards sexual consent & Positions of Trust. This includes many youth clubs as well as sports & faith groups.

www.emmottsnell.co.uk/blog/sexual-consent-and-positions-of-trust

28/1/2020 Times article by Sarah Champion MP
'Children need protecting in all settings, not just at school'
(extract)
"If you leave your child in the care of an adult professional, you would assume that the law would apply evenly if they failed in their duty to safeguard. However, due to a legal loophole, as the law currently stands it is illegal for a teacher — but not a faith leader or sports coach — to engage in sexual activity with a 16 or 17-year-old under their supervision.

As chairwoman of the all-party parliamentary group (APPG) on safeguarding in faith settings, I am publishing a report that calls on the government to extend the definition of a ‘position of trust’ to cover any adult regularly involved in caring for, training or supervising a child.

Evidence submitted to the APPG’s inquiry into ‘positions of trust’ found current legislation to be inadequate for protecting young people from adults who would groom and abuse them.

The scale of the problem is hard to determine, due in part to the legality of the act itself, but figures previously obtained by the NSPCC from local authorities showed that between 2014 and 2018, over 650 complaints were made about adults in professions not covered by the existing position of trust law having sex with children in their care.

The APPG’s inquiry found that adults holding positions in faith organisations are perceived as having authority, power and influence within their communities — and the opportunities to abuse that power are significant as a result. Furthermore, we heard that many people feel a sense of powerlessness that can exacerbate the power dynamic in relationships, making it hard to speak up about concerns." (continues)

www.thetimes.co.uk/article/children-need-protecting-in-all-settings-not-just-at-school-7wdmfj6kk

You’re right Valancy. Ours downloaded some nonsense from the internet without even reading it. Goodness knows what the poor teachers who had to use it made of it.

The depressing thing is most page leads aren't specialists and they're attempting to lead a whole army of non specialist staff who would rather do anything else than teach pshe. In these circumstances teachers fall in gratitude on packs like this with ready made resources because it means they don't have to do the planning themselves.

Spero, do you know the mechanism for the “launch” in schools?

I have visions of it arriving with our (clueless) PSHE lead and would like to like to try to head it off at the pass.

Anyone notice the mermaids number ...

Recites the correct protected characteristics, but then talks about transgender hate crime with merry (nearly said gay) abandon.

Again and again, the LGB provides cover for the introduction of the T, when the law is clear, there is no transition below the age of 18.